Tag Archives: issues that an injured federal worker must reflect upon

Federal Employee Medical Retirement: The Quiet Walks of Einstein and Godel

The name of the former evokes an immediacy of recognition coupled with awe; of the giant in physics and intellectual greatness beyond ordinary excellence. The latter is lesser known, but within esoteric circles of academia, particularly in mathematics, of equal stature in accomplishment familiar in his chosen field; of the intellectually formidable Incompleteness Theorem.

The two knew each other, and enjoyed the company of one another. They took long walks together. One wonders what Einstein and Godel spoke about. Of theoretical constructs and intellectual exercises so beyond the capacity of common people, that a mere snippet of eavesdropping would explode the mundane mind’s limited ability to comprehend. But, just as likely, they may have conversed about ordinary events, of wars and rumors of wars; of cars, classics and carpeted hallways in your home and mine. It was a time of quietude; of solitude between two great minds; of ordinary walks by a pair of extraordinary men.

Such paths of convergence enlivens one’s imagination, of what was, and could have been. And for lesser minds (which includes all of us), the need for a quiet walk is a human desire. Yet, despite his brilliance, Godel suffered, and suffered greatly. Perhaps the proportionality of greatness and suffering is to be expected.

For Federal and Postal Workers who suffer from a medical condition, it does one well to pause as to the lessons which can be learned: from suffering; of the need to find a respite from such human turmoil; of finding a path; and of friendships forged. Often, when a medical condition explodes upon the horizon of one’s life, it is important to find a pathway out of one’s traumatic microcosm.  Filing for Federal Disability Retirement benefits, whether one is under FERS or CSRS, allows for a rehabilitative period for the Federal and Postal Worker — if only to begin a second vocation in the private sector after a partial recovery from the medical condition which cut short one’s chosen Federal or Postal career.

All Federal Disability Retirement applications are ultimately filed with the U.S. Office of Personnel Management, and in order to qualify, one must prove by a preponderance of the evidence one’s eligibility for the benefit. And in attaining the benefit of Federal Disability Retirement, perhaps the focus of the Federal Disability Retirement annuitant can turn to a less troublesome walk down a path of solitary quietude. Or, if one is lucky, to find a soul mate, as Einstein and Godel surely were to each other, to enjoy the conversations which life’s moments of friendship and warmth are meant to embrace.

Sincerely,

Robert R. McGill, Esquire

Disability Retirement for Federal Workers: Insular Worlds

The private domain of individual, insular worlds always remain unknowable and profoundly unreachable. We can extract common linguistic signposts to have some superficial encounters, with at least a semblance of comprehension; but in the end, can one ever “know” the sensation of pain which another experiences? Or the extreme emotional turmoil that a person who suffers from schizophrenia or Bipolar Disorder; the diffuse pain of a person suffering from Fibromyalgia; or the cognitive dissonance of one beset by Major Depression, uncontrollable anxiety or panic attacks?

Yet, it is a necessary step in preparing, formulating and submitting a Federal Disability Retirement application to the U.S. Office of Personnel Management, whether under FERS or CSRS, to have the ability to convey, delineate and describe the nexus between one’s experiential phenomena of the insular world of a medical condition, and one’s external encounter with the Federal position in the work-world.

The private chaos of one’s medical condition must be linked to the public display of one’s physical or mental capacity and capability in the employment with the Federal Sector or the U.S. Postal Service; how one makes that connection, the manner of the description, and the characterization of the impact of the former upon the latter, will make all the difference in the world whether or not that unique universe of insularity can be protected from the progressive harm of one’s job.

For, in the end, it matters not whether one can adequately relate to another’s medical condition; it is enough to know that the private domain of one’s life is that which makes human consciousness the unique mystery peculiar to the human animal.

Sincerely,

Robert R. McGill, Esquire

FERS & CSRS Disability Retirement for Federal and USPS Workers: The Respite

Then there is the story of the office worker who was called in to discuss certain matters with the boss, and during the course of the conversation, boasted proudly that he had not taken a vacation in five years, thereby intimating his commitment and dedication to the company.

The boss became silent, shook his head gravely, and promptly fired the man on the spot.  In shock and dismay, the young office worker asked in exasperation why the boss would do such a thing, and the older man replied:  “Two reasons.  First, you need a vacation.  Now you have one.  Second, the company cannot afford to keep someone who fails to understand the needs of a human being.”  And so the irony of the young office worker reveals the self-contradiction of so many circumstances.

For the Federal and Postal Worker who suffers from a medical condition, the one truism which stands out is that those who are beset with a progressively deteriorating medical condition, can never take a “vacation” from the condition itself.  Thus, for those who are healthy, we often take for granted our state of existence.

Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, allows for the Federal or Postal Worker to have a period of respite, away from those very work activities which continue to exacerbate and compound the problem of the medical condition itself.

It may be that, in the end, there is little or no choice in the matter.

For, either the work will continue to suffer and the Federal agency or Postal Service will terminate the Federal or Postal worker, or the medical condition itself will dictate the terms of work cessation.  In either event, thought should be given to the future, and to a time of recuperative distancing from an activity which cannot continue forever.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Respite and Reflection

Sometimes, it is a positive thing to have a period of respite, in order to engage in a reflective mode of thought.  The “to-do list” is always extensive and pressing; the need to advance, to accomplish, and to complete the pending projects is always in the foreground; but a period of respite and reflection — a pause in the action of life — is a welcomed break.

For those Federal and Postal employees who are contemplating filing for disability retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, it is often merely an extra day in which to recuperate one’s energies in order to go back to work.  If the Federal or Postal employee finds that the period of a few days off are merely a palliative form of treatment in order to drag one’s self back to the identical state of affairs at one’s Federal position — whether because of chronic pain, or profound, overwhelming fatigue; or perhaps an intractable state of cognitive decline and depression — it is probably time to think about filing for Federal Disability Retirement benefits.

One can “fight the good fight” only for so long.

At some point, the coalescence of the medical condition, the limitation of human capacity, and the self-destructiveness of continuing in a position which is detrimental to one’s health, will come to fruition.  Preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is perhaps what one should reflect upon during the respite of life.

Sincerely,

Robert R. McGill, Esquire
OPM Medical Retirement Attorney

 

FERS & CSRS Disability Retirement for Federal and USPS Workers: Vacations

Vacations are a necessary part of the modern world; the stress of work, the burn-out factor, the recognition that the constant treadmill of daily toil, all serve to tear down and destroy the motivational underpinnings of every worker.  It is a temporary respite; a time of rejuvenation and, hopefully, more than merely an opportunity to complete chores which otherwise are left undone.  It is also a time of reflection and assessment.

For those preparing, formulating, and contemplating filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, vacations often merely illustrate the intractable nature of one’s medical condition, and the absolute necessity to change one’s course in life.  The chronic nature of a medical condition, by its nature of progressively deteriorating one’s body or mind, reveals itself when a vacation is taken:  the shortness of the time period of the vacation serves to emphasize the seriousness of the medical condition; the medical condition itself manifests the fact that a week, a couple of weeks, or even a month, are not long enough to contend with the progressively deteriorating nature of the disability or chronic condition.

Time for reflection allows a person to face the reality of an impending occurrence.  That is often a good thing.  One of the criteria which must be met in a Federal Disability Retirement application is that the medical condition must last for a minimum of 12 months.  One does not have to wait for the 12 months; one does not have to be unemployed or on LWOP for 12 months.  Rather, the prognosis for the medical condition is such that the condition must prevent one from being able to perform one or more of the essential elements of one’s job for a minimum of 12 months.

On a vacation, the Federal or Postal employee will often recognize that time is short.  Reflection is a positive thing; necessary changes, upon reflection, often become exposed, and it is often a time when the coalescence of three factors comes about:  thought, words, then action.  It is the latter of the three which determines the course of a positive future.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: Chekhov’s Short Story, “Old Age”

Anton Chekhov is perhaps the singular master of the genre known as the “short story”, and it is owing to his background as a physician that he possessed the insight and sensitivity to be able to capture the plight of the human condition, with all of its suffering, loss of hope, and emotional turmoil, through cruelty, disregard, unforeseen circumstances, and unintended pathways to disaster.

In his short story, “Old Age,” there is the point where one of the two old men shook off a moment of feeling, setting apart and brushing aside a poignant and appropriate time when the shedding of tears would have allowed for the humanity of the old man to show, to reveal itself, and to expiate himself of the pain of the past.  Instead, because of pride, or perhaps shame, because he stood before the other old man, he hid the emotion and went about his business.  Later, when he comes back to the same spot, the old man tries to recapture the moment, to replicate and reconstruct that lost emotion.  It could not be done.  It is a lesson for all, that there is an appropriate time, place, and moment for everything.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, there is the “appropriate time” to file for Federal Disability Retirement benefits.

Each Federal or Postal employee knows that time.

Indeed, each “feels” the time, but will often just shake off that nagging sense.  One always hears of the hope for a miracle — “perhaps I will get better”; “perhaps it will be better tomorrow”; perhaps…   But when the time comes, to procrastinate is merely to compound the problems of the day, only to revisit the same issue later, but encountering an exponentially magnified issue:  time is running out; that moment of doing it with optimal circumstances has passed; and now we must deal with the greater problems of the present.

Chekhov is relevant because, while human beings — whether in Russia or here, whether years past or today — change in names and appearances, the essence of humanity remains constant.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Medical Disability Retirement: Happy New Year

For many people, celebrating the “New Year” often encapsulates a parallel time of reflection, of resolutions for change and improvement, etc.  For Federal and Postal employees who are contemplating filing for Federal Disability Retirement benefits under FERS or CSRS, this is a good time to take a personal inventory of one’s future goals, assessing the viability of continuation in one’s position as a Federal or Postal employee, and seeking clarity for future plans and career goals. 

Federal Disability Retirement is simply an option to be considered, if one is finding that one’s medical conditions — whether physical, psychiatric, or a combination of both which exacerbate and feed onto each other — are impacting one or more of the essential elements of one’s positional duties.  Whether in a sedentary administrative, cognitive-intensive position, or mostly a physically demanding job, or even a combination of both, if a Federal or Postal employee is finding that continuation with the essential elements of one’s job is becoming an impossibility, then Federal Disability Retirement is certainly an option to be considered

Celebrating the “New Year” should always include taking an inventory for the future.  For Federal and Postal employees under either FERS or CSRS, considering the option of formulating, preparing, and filing a Federal Disability Retirement application should be part of that equation.

Sincerely,

Robert R. McGill, Esquire

Medical Retirement for Federal Workers: Thanksgiving

In representing Federal and Postal employees for Federal Disability Retirement benefits under FERS or CSRS, one encounters multiple medical conditions, from the very severe and debilitating, to manageable but chronic conditions which impact one’s ability to perform the essential elements of one’s job.  

Such review of medical conditions and recognition of what many Federal and Postal employees must undergo, is often a humbling experience; for, while a lawyer’s job is to focus upon the legal aspects of a case, and to bifurcate one’s personal “feelings” as distinct from the legal issues, the antiseptic medical facts, and the ability to provide an objective, analytical view of all of the facts and circumstances — such conceptual bifurcation has its limits.  

Daily, Federal and Postal employees who suffer from various medical conditions must make difficult choices about their future, their career, and their work & personal obligations.  It is well to pause during this Thanksgiving to reflect upon the blessings that we have, as opposed to conditions which have resulted in the loss or reduction of that which we do not have.

Sincerely,

Robert R. McGill, Esquire

Labor Day Weekend and the Federal Employee

Labor Day is traditionally viewed as the end of summer, the entrance back into the routine of the work world, where the lazy days of camping, spending additional time with one’s family; of the soft, lapping sounds of waves rolling as one attempts to squeeze the last remaining hours of leisure and tropical enjoyment.  Then, on to the rushing days of work, and more work.  It is, moreover, a celebration of the laboring exercise of a productive economy — one which has sputtered and stalled in the last two years.  

For the Federal or Postal worker who has filed, or is contemplating filing, for Federal Disability Retirement benefits under FERS or CSRS, the celebration of Labor Day comes whenever there is the recognition and acknowledgement that one can no longer perform one or more of the essential elements of one’s job.  At that point of recognition, the time to plan for a secured future comes into play.  The days of full labor and productivity may be coming to an end; but that does not mean that one cannot go out and be productive in some non-Federal, non-Postal capacity.

Remember that Federal Disability Retirement under FERS or CSRS does not mean that you cannot work at any other job, ever.  Indeed, the opposite is true.  You may, after securing your Federal Disability Retirement benefits under FERS or CSRS, go out and get another job in the private sector, and make up to 80% of what your former Federal or Postal position currently pays.  While it may be difficult to do that in this tough economy, brighter days are hopefully ahead, and the time to begin preparing for that brighter future is now.

Sincerely, Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Easter

Easter is a time of reflection and rejuvenation for Christians.  It is a designated week of Holy reflection — through capture, suffering, death, resurrection and forgiveness.  In a world where the distinction between the sacred and the profane has blurred to indistinguishable heights of platitudes and uncertainties, to reserve a week in one’s life for that which is “Holy” is indeed a phenomena worth preserving.  Christmas has become a season of celebration in a secular sense, full of traditions and shrieks of joy from the mouths of children; Christmas trees, decorations, presents and surprises; and while I am sure there will be disagreement on this matter, the assimilation of Christmas with a secularization of celebration, for whatever reason, is not disturbing.  Yet, somehow, despite the Easter Bunny, egg hunts and the attempt to merely marginalize Easter as a “time of Spring”, the awe of Easter has retained a reserved, contemplative aura with a special meaning. 

As an attorney who represents Federal and Postal employees with various medical conditions and disabilities, the common thread which I hear on a daily basis is the pain and distress which the human condition is able to endure on a daily basis. I do not equate the human condition and the clients I represent with the suffering which Christ endured; yet, those who suffer clearly have an affinity with the One who suffered on the Cross, yet forgave those who condemned and crucified, for the sake of the world.  I am daily amazed and humbled by the positive attitude and ability to endure, by Federal and Postal workers from all across the United States.  May we all have a sense of humanity within us that we can have forgiveness during this Holy Week.  Happy Easter.

Sincerely,

Robert R. McGill, Esquire